WVC 10-2A-7
§10-2A-7. Acquisition of property or establishments; eminent
domain.
Every such board shall have power to condemn any land or
easements, necessary or convenient for the construction of any such
athletic establishment, or extensions, improvements or additions
thereto, and in connection therewith shall have and may exercise
all the rights, powers and privileges of eminent domain granted to
county courts, municipal corporations or county boards of education
under the laws relating thereto. Title to property shall be taken
in the name of the county court, municipal corporation or county
board of education. Proceedings for such appropriation of property
shall be under and pursuant to the general provisions of law
relating to condemnation proceedings in the exercise of eminent
domain: Provided, That the board shall be under no obligation to
accept and pay for any property condemned, and shall in no event
pay for property condemned or purchased, except from funds provided
pursuant to this article; and in any proceedings to condemn such
orders may be made as may be just to the board and the owners of
the property to be condemned; and an understanding or other
security may be required securing such owners against any loss or
damage which may be sustained by reason of the failure of the board
to accept and pay for the property, but such undertaking or
security shall impose no liability upon the board, except such as
may be paid from the funds provided under the authority of this
article.

In the event of acquisition by purchase, the board may obtain
and exercise an option from the owners of said property for the
purchase thereof, and may enter into a contract for the purchase
thereof, and such purchase may be made upon such terms and
conditions, and in such manner as the board may deem proper:
Provided, however, That such exercise of option, purchase or
contract for such purchase shall in no event bind or obligate said
board, or create any debt, liability or claim, except such as may
be paid from the funds provided under the authority of this
article.

In the event of the acquisition of any athletic establishment
already constructed by purchase or condemnation, the board at or
before the time of the adoption of the resolution described in
section six hereof, shall cause to be determined what repairs,
replacements, additions and improvements will be necessary, in
order that said establishment may be effective for its purpose, and
an estimate of the cost of such improvements shall be included in
the estimate of the costs required by section six hereof, and such
improvements shall be made upon the acquisition of the
establishment and as a part of the cost thereof: Provided,
however, That no board shall, under the authority conferred by this
article, condemn any existing privately owned athletic
establishment in operation at the date of the condemnation.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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